Insolvency

Our lawyers have a wealth of experience in personal and corporate insolvency and reconstruction.  More than any other area of law, insolvency requires a practical and commercial approach in both the commercial and litigious aspects of this practice area.  Our experience includes acting for secured lenders, individual and syndicate creditors as well as insolvency practitioners, debtors and trade creditors.  We also advise directors, employees and shareholders in the context of insolvency and insolvency related transactions under the Corporations Act and Bankruptcy Act.  Our expertise includes:

  • voluntary administration, bankruptcy, receivership and liquidation
  • winding up applications
  • applications to set aside statutory demands
  • public examinations
  • bankruptcy proceedings
  • insolvent trading and other insolvency recoveries including preference payments, uncommercial transactions, unreasonable director related transactions
  • deeds of company arrangement
  • schemes of arrangement
  • workouts, corporate restructures and secured financing around insolvency
  • advising committees of creditors
  • credit management
  • advising secured and unsecured creditors
  • debt factoring
  • retention of title (romalpa claims) - now subject to PPSA registration
  • director and shareholder rights and liability
  • securities and guarantees advice, enforcement and representation
  • advice and representation in antecedent transactions including voidable transactions

Our clients include international and Australian chartered accountants, international and Australian legal practices, secured lenders and factors.  Some of our current commercial clients have undergone insolvency restructuring with our assistance and trade successfully today.